Florida Senate - 2009 SB 878
By Senator Rich
34-00220A-09 2009878__
1 A bill to be entitled
2 An act relating to court actions involving families;
3 amending ss. 39.001, 61.001, 63.022, 68.07, 741.2902,
4 984.01, and 985.02, F.S., and creating ss. 88.1041,
5 742.016, 743.001, and 1003.201, F.S.; providing
6 additional purposes relating to implementing a unified
7 family court program in the circuit courts; providing
8 legislative intent; amending s. 61.402, F.S.;
9 expanding eligibility criteria for guardians ad litem;
10 providing requirements for and limitations on
11 certification of guardians ad litem by not-for-profit
12 legal aid organizations; providing an effective date.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1. Paragraph (o) is added to subsection (1) of
17 section 39.001, Florida Statutes, to read:
18 39.001 Purposes and intent; personnel standards and
19 screening.—
20 (1) PURPOSES OF CHAPTER.—The purposes of this chapter are:
21 (o) To provide all children and families with a fully
22 integrated, comprehensive approach to handling all cases that
23 involve children and families and a resolution of family
24 disputes in a fair, timely, efficient, and cost-effective
25 manner. It is the intent of the Legislature that the courts of
26 this state embrace methods of resolving disputes which do not
27 cause additional emotional harm to the children and families who
28 are required to interact with the judicial system. It is the
29 intent of the Legislature to support the development of a
30 unified family court and to support the state court system's
31 efforts to improve the resolution of disputes involving children
32 and families through a fully integrated, comprehensive approach
33 that includes coordinated case management; the concept of “one
34 family, one judge”; collaboration with the community for
35 referral to needed services; and methods of alternative dispute
36 resolution. The Legislature supports the goal that the legal
37 system focus on the needs of children who are involved in the
38 litigation, refer families to resources that will make family
39 relationships stronger, coordinate families' cases to provide
40 consistent results, and strive to leave families in better
41 condition than when the families entered the system.
42 Section 2. Subsection (2) of section 61.001, Florida
43 Statutes, is amended to read:
44 61.001 Purpose of chapter.—
45 (2) Its purposes are:
46 (a) To preserve the integrity of marriage and to safeguard
47 meaningful family relationships;
48 (b) To promote the amicable settlement of disputes that
49 arise between parties to a marriage; and
50 (c) To mitigate the potential harm to the spouses and their
51 children caused by the process of legal dissolution of marriage;
52 and
53 (d) To provide all children and families with a fully
54 integrated, comprehensive approach to handling all cases that
55 involve children and families and a resolution of family
56 disputes in a fair, timely, efficient, and cost-effective
57 manner. It is the intent of the Legislature that the courts of
58 this state embrace methods of resolving disputes which do not
59 cause additional emotional harm to the children and families who
60 are required to interact with the judicial system. It is the
61 intent of the Legislature to support the development of a
62 unified family court and to support the state court system's
63 efforts to improve the resolution of disputes involving children
64 and families through a fully integrated, comprehensive approach
65 that includes coordinated case management; the concept of “one
66 family, one judge”; collaboration with the community for
67 referral to needed services; and methods of alternative dispute
68 resolution. The Legislature supports the goal that the legal
69 system focus on the needs of children who are involved in the
70 litigation, refer families to resources that will make family
71 relationships stronger, coordinate families' cases to provide
72 consistent results, and strive to leave families in better
73 condition than when the families entered the system.
74 Section 3. Subsection (6) is added to section 63.022,
75 Florida Statutes, to read:
76 63.022 Legislative intent.—
77 (6) It is the intent of the Legislature to provide all
78 children and families with a fully integrated, comprehensive
79 approach to handling all cases that involve children and
80 families and a resolution of family disputes in a fair, timely,
81 efficient, and cost-effective manner. It is the intent of the
82 Legislature that the courts of this state embrace methods of
83 resolving disputes which do not cause additional emotional harm
84 to the children and families who are required to interact with
85 the judicial system. It is the intent of the Legislature to
86 support the development of a unified family court and to support
87 the state court system's efforts to improve the resolution of
88 disputes involving children and families through a fully
89 integrated, comprehensive approach that includes coordinated
90 case management; the concept of “one family, one judge”;
91 collaboration with the community for referral to needed
92 services; and methods of alternative dispute resolution. The
93 Legislature supports the goal that the legal system focus on the
94 needs of children who are involved in the litigation, refer
95 families to resources that will make family relationships
96 stronger, coordinate families' cases to provide consistent
97 results, and strive to leave families in better condition than
98 when the families entered the system.
99 Section 4. Subsection (9) is added to section 68.07,
100 Florida Statutes, to read:
101 68.07 Change of name.—
102 (9) It is the intent of the Legislature to provide all
103 children and families with a fully integrated, comprehensive
104 approach to handling all cases that involve children and
105 families and a resolution of family disputes in a fair, timely,
106 efficient, and cost-effective manner. It is the intent of the
107 Legislature that the courts of this state embrace methods of
108 resolving disputes which do not cause additional emotional harm
109 to the children and families who are required to interact with
110 the judicial system. It is the intent of the Legislature to
111 support the development of a unified family court and to support
112 the state court system's efforts to improve the resolution of
113 disputes involving children and families through a fully
114 integrated, comprehensive approach that includes coordinated
115 case management; the concept of “one family, one judge”;
116 collaboration with the community for referral to needed
117 services; and methods of alternative dispute resolution. The
118 Legislature supports the goal that the legal system focus on the
119 needs of children who are involved in the litigation, refer
120 families to resources that will make family relationships
121 stronger, coordinate families' cases to provide consistent
122 results, and strive to leave families in better condition than
123 when the families entered the system.
124 Section 5. Section 88.1041, Florida Statutes, is created to
125 read:
126 88.1041 Legislative intent.—It is the intent of the
127 Legislature to provide all children and families with a fully
128 integrated, comprehensive approach to handling all cases that
129 involve children and families and a resolution of family
130 disputes in a fair, timely, efficient, and cost-effective
131 manner. It is the intent of the Legislature that the courts of
132 this state embrace methods of resolving disputes which do not
133 cause additional emotional harm to the children and families who
134 are required to interact with the judicial system. It is the
135 intent of the Legislature to support the development of a
136 unified family court and to support the state court system's
137 efforts to improve the resolution of disputes involving children
138 and families through a fully integrated, comprehensive approach
139 that includes coordinated case management; the concept of “one
140 family, one judge”; collaboration with the community for
141 referral to needed services; and methods of alternative dispute
142 resolution. The Legislature supports the goal that the legal
143 system focus on the needs of children who are involved in the
144 litigation, refer families to resources that will make family
145 relationships stronger, coordinate families' cases to provide
146 consistent results, and strive to leave families in better
147 condition than when the families entered the system.
148 Section 6. Subsection (3) is added to section 741.2902,
149 Florida Statutes, to read:
150 741.2902 Domestic violence; legislative intent with respect
151 to judiciary's role.—
152 (3) It is the intent of the Legislature to provide all
153 children and families with a fully integrated, comprehensive
154 approach to handling all cases that involve children and
155 families and a resolution of family disputes in a fair, timely,
156 efficient, and cost-effective manner. It is the intent of the
157 Legislature that the courts of this state embrace methods of
158 resolving disputes which do not cause additional emotional harm
159 to the children and families who are required to interact with
160 the judicial system. It is the intent of the Legislature to
161 support the development of a unified family court and to support
162 the state court system's efforts to improve the resolution of
163 disputes involving children and families through a fully
164 integrated, comprehensive approach that includes coordinated
165 case management; the concept of “one family, one judge”;
166 collaboration with the community for referral to needed
167 services; and methods of alternative dispute resolution. The
168 Legislature supports the goal that the legal system focus on the
169 needs of children who are involved in the litigation, refer
170 families to resources that will make family relationships
171 stronger, coordinate families' cases to provide consistent
172 results, and strive to leave families in better condition than
173 when the families entered the system.
174 Section 7. Section 742.016, Florida Statutes, is created to
175 read:
176 742.016 Legislative intent.—It is the intent of the
177 Legislature to provide all children and families with a fully
178 integrated, comprehensive approach to handling all cases that
179 involve children and families and a resolution of family
180 disputes in a fair, timely, efficient, and cost-effective
181 manner. It is the intent of the Legislature that the courts of
182 this state embrace methods of resolving disputes which do not
183 cause additional emotional harm to the children and families who
184 are required to interact with the judicial system. It is the
185 intent of the Legislature to support the development of a
186 unified family court and to support the state court system's
187 efforts to improve the resolution of disputes involving children
188 and families through a fully integrated, comprehensive approach
189 that includes coordinated case management; the concept of “one
190 family, one judge”; collaboration with the community for
191 referral to needed services; and methods of alternative dispute
192 resolution. The Legislature supports the goal that the legal
193 system focus on the needs of children who are involved in the
194 litigation, refer families to resources that will make family
195 relationships stronger, coordinate families' cases to provide
196 consistent results, and strive to leave families in better
197 condition than when the families entered the system.
198 Section 8. Section 743.001, Florida Statutes, is created to
199 read:
200 743.001 Legislative intent.—It is the intent of the
201 Legislature to provide all children and families with a fully
202 integrated, comprehensive approach to handling all cases that
203 involve children and families and a resolution of family
204 disputes in a fair, timely, efficient, and cost-effective
205 manner. It is the intent of the Legislature that the courts of
206 this state embrace methods of resolving disputes which do not
207 cause additional emotional harm to the children and families who
208 are required to interact with the judicial system. It is the
209 intent of the Legislature to support the development of a
210 unified family court and to support the state court system's
211 efforts to improve the resolution of disputes involving children
212 and families through a fully integrated, comprehensive approach
213 that includes coordinated case management; the concept of “one
214 family, one judge”; collaboration with the community for
215 referral to needed services; and methods of alternative dispute
216 resolution. The Legislature supports the goal that the legal
217 system focus on the needs of children who are involved in the
218 litigation, refer families to resources that will make family
219 relationships stronger, coordinate families' cases to provide
220 consistent results, and strive to leave families in better
221 condition than when the families entered the system.
222 Section 9. Paragraph (g) is added to subsection (1) of
223 section 984.01, Florida Statutes, to read:
224 984.01 Purposes and intent; personnel standards and
225 screening.—
226 (1) The purposes of this chapter are:
227 (g) To provide all children and families with a fully
228 integrated, comprehensive approach to handling all cases that
229 involve children and families and a resolution of family
230 disputes in a fair, timely, efficient, and cost-effective
231 manner. It is the intent of the Legislature that the courts of
232 this state embrace methods of resolving disputes which do not
233 cause additional emotional harm to the children and families who
234 are required to interact with the judicial system. It is the
235 intent of the Legislature to support the development of a
236 unified family court and to support the state court system's
237 efforts to improve the resolution of disputes involving children
238 and families through a fully integrated, comprehensive approach
239 that includes coordinated case management; the concept of “one
240 family, one judge”; collaboration with the community for
241 referral to needed services; and methods of alternative dispute
242 resolution. The Legislature supports the goal that the legal
243 system focus on the needs of children who are involved in the
244 litigation, refer families to resources that will make family
245 relationships stronger, coordinate families' cases to provide
246 consistent results, and strive to leave families in better
247 condition than when the families entered the system.
248 Section 10. Paragraph (j) is added to subsection (1) of
249 section 985.02, Florida Statutes, to read:
250 985.02 Legislative intent for the juvenile justice system.—
251 (1) GENERAL PROTECTIONS FOR CHILDREN.—It is a purpose of
252 the Legislature that the children of this state be provided with
253 the following protections:
254 (j) A fully integrated, comprehensive approach to handling
255 all cases that involve children and families and a resolution of
256 family disputes in a fair, timely, efficient, and cost-effective
257 manner. It is the intent of the Legislature that the courts of
258 this state embrace methods of resolving disputes which do not
259 cause additional emotional harm to the children and families who
260 are required to interact with the judicial system. It is the
261 intent of the Legislature to support the development of a
262 unified family court and to support the state court system's
263 efforts to improve the resolution of disputes involving children
264 and families through a fully integrated, comprehensive approach
265 that includes coordinated case management; the concept of “one
266 family, one judge”; collaboration with the community for
267 referral to needed services; and methods of alternative dispute
268 resolution. The Legislature supports the goal that the legal
269 system focus on the needs of children who are involved in the
270 litigation, refer families to resources that will make family
271 relationships stronger, coordinate families' cases to provide
272 consistent results, and strive to leave families in better
273 condition than when the families entered the system.
274 Section 11. Section 1003.201, Florida Statutes, is created
275 to read:
276 1003.201 Legislative intent.—It is the intent of the
277 Legislature to provide all children and families with a fully
278 integrated, comprehensive approach to handling all cases that
279 involve children and families and a resolution of family
280 disputes in a fair, timely, efficient, and cost-effective
281 manner. It is the intent of the Legislature that the courts of
282 this state embrace methods of resolving disputes which do not
283 cause additional emotional harm to the children and families who
284 are required to interact with the judicial system. It is the
285 intent of the Legislature to support the development of a
286 unified family court and to support the state court system's
287 efforts to improve the resolution of disputes involving children
288 and families through a fully integrated, comprehensive approach
289 that includes coordinated case management; the concept of “one
290 family, one judge”; collaboration with the community for
291 referral to needed services; and methods of alternative dispute
292 resolution. The Legislature supports the goal that the legal
293 system focus on the needs of children who are involved in the
294 litigation, refer families to resources that will make family
295 relationships stronger, coordinate families' cases to provide
296 consistent results, and strive to leave families in better
297 condition than when the families entered the system.
298 Section 12. Section 61.402, Florida Statutes, is amended to
299 read:
300 61.402 Qualifications of guardians ad litem.—A guardian ad
301 litem must be either a citizen certified by the Guardian Ad
302 Litem Program to act in family law cases, a citizen certified by
303 a not-for-profit legal aid organization as defined in s. 68.096,
304 or an attorney who is a member in good standing of The Florida
305 Bar. Prior to certifying a guardian ad litem to be appointed
306 under this chapter, the Guardian Ad Litem Program must conduct a
307 security background investigation as provided in s. 39.821.
308 Certification by a not-for-profit legal aid organization
309 qualifies a guardian ad litem to serve only in actions described
310 in s. 61.401 other than actions in which the court has
311 determined that there are well-founded allegations of child
312 abuse, abandonment, or neglect as defined in s. 39.01. Before
313 certifying a guardian ad litem, a not-for-profit legal aid
314 organization must conduct a security background investigation
315 that conforms to the requirements of s. 39.821.
316 Section 13. This act shall take effect upon becoming a law.